Sunday, May 24, 2020

Forensic Psychology And The Justice System - 1222 Words

Forensic psychology is the connection between psychology and the justice system. The word forensic derives from the Latin word â€Å"forensic† meaning â€Å"forum† the place where trials were accompanied in Roman times. There are many definitions that exist for forensic psychology but the more narrow definition applies to the intersection of clinical psychology to legal matters. One of the areas of focus for Forensic psychologist is in the evaluations in Civil Proceedings. They do an accurate assessment of examinees emotional, behavioral, and cognitive functioning. One of the important evaluations that the forensic psychologist do is in Child custody. (Freedheim Weiner 2003). A Child custody evaluation is one the most complex and challenging evaluation in which forensic psychologist assess the parents and children. During custody dispute evaluators are required to assess multiple people such as parents, children, parents’ significant others. The child custody evaluations provide the court with information regarding what custody and visitation arrangement will be in favor of the child. Some of the main issue that forensic psychologist that they evaluate is the child’s best interest, the purpose of the custody, parenting evaluation, evaluate the basic impact the child had by the divorce and research special issues such as conflict between parent s, alienated children, domestic violence, sexual abuse, and relocation. The first thing that is evaluated is the best interest of theShow MoreRelatedA Brief Note On Forensic Psychology And The Criminal Justice System1270 Words   |  6 Pagescriminal justice system can be broken down into various different parts, all of which composed of people doing different jobs. While many people only know of common roles, there are many smaller jobs that are no less important. One critical job linked to the criminal justice system is that of a forensic psychologist. Forensic psychology requires a background in psychology, but works primarily in the court system. Most of the time, a forensic psychologist applies their expertise in psychology to a caseRead MoreEssay on Forensic Psychology Deals with Both Law and Psychology625 Words   |  3 PagesForensic (criminal) psychology is a job field that deals with both psychology and law. The field has experienced dramatic growth in recent years due t o the role of popular movies, television programs and books popularizing the field. Often these individuals are depicted as vivid components in solving vicious crimes or timing out a criminal’s next home. While these depictions of certainly entertaining, yet these portrayals are not necessarily precise. Forensic psychologists play an instrumental roleRead MoreForensic Psychology And The Human Mind And Its Functions1627 Words   |  7 PagesPsychology and law at first glance are not two terms that seem to correspond with each other. One might even question why they would be mentioned in the same context. Crime has become a major issue within today’s society. It seems as though the only way to prevent most of them is to enforce the repercussions of the act and punish those that partake in it. Criminals often have motives or attributes that lead them into a life of crime. Forensic psychology is the cynosure that brings the associationRead MoreA Brief Note On Forensic Cri minology And Criminal Forensic Psychology1351 Words   |  6 Pagesmajor sub-specialties in forensic psychology: criminal, juvenile, civil, investigative, correctional, and police forensic psychology. Professionals working under each of them have unique roles, educational qualifications, responsibilities, ethical challenges, and controversial issues to confront. Similarly, there are various studies and seminal cases that have shaped the sub-specialties in different ways. In most cases, they reflect changes in the criminal justice system in terms of admissibilityRead MoreCrime and Forensic Psychology1117 Words   |  5 Pagesevidence that will enhance and empirically prove your answers.  Academic criminal justice articles or real-life criminal justice findings that are found in journals or other academic sources must be used in supporting your answers.  Please use APA format for all cited sources, including your reference page. The questions and requirements are as follows: * Explain the differences between criminologists, criminalists, and forensic psychologists and their respective areas of study. * Discuss the differencesRead MorePsychology : Psychology And Social Psychology1398 Words   |  6 Pagesanswer in his lifetime. Psychology is a very broad topic in general, and is easily broken down into two main categories: experimental psychology and social psychology. These two categories of psychology can be broken down further into many subcategories such as the following: clinical psychology, forensic psychology, and sports psychology. Both of these broad categories, nevertheless, share the same end goal, which is to understand the human mind and its functions. Psychology defined in the Merriam-WebsterRead MoreThe Importance Of Becoming A Forensic Psychologist1218 Words   |  5 Pagesenter the department of forensic psychology, certain steps must be taken. It is essential that one is properly informed and able to meet all of the qualifications, as well as fully understanding the responsibilities a forensic psychologist has. Becoming a forensic psychologist requires years of higher education and a unique set of skills, but offers a wide variety of fascinating work environments and duties. Education is the difference between achieving success as a forensic psychologist and beingRead MoreExplain the Differences Between Criminologists, Criminalists, and Forensic Psychologists and What Is the Difference in Their Disciplines of Expertise.1550 Words   |  7 PagesUniversity Unit 1 Individual Project CRJS105 –1103b-04 Theories of Crime Causation August 28,2011 Abstract In this paper I will explain the differences between Criminologists, Criminalists, and Forensic psychologists and what is the difference in their disciplines of expertise. As well as looking at blue collar crime vs. white collar crime, how they are reported and measured by the FBI in their uniformed crime reporting. Also how blue collar crimeRead MorePsychology : Psychology And Psychology1630 Words   |  7 PagesPsychology is a very broad field of study and requires a lot of research when choosing a career. The education that is required for pursuing a career in the field of psychology depends on the type of psychologist you want to be. Most psychology programs require at least a master s degree to pursue a psychologist career, but some may require a doctoral degree. It is important to know the educational requirements as well as state requirements when entering the field of psychology. Southwestern hasRead MoreThe Criminal Justice Program At Saint Leo University917 Words   |  4 PagesI was compelled to enroll in the Criminal Justice program at Saint Leo University. After attending a few courses, I deliberated on becoming a forensic psychologist. I believed that becoming a forensic psychologist would allow me to be involved in legal cases while being the eyes and the ears of the courtroom. As time went on I pondered, if I would be helping people or the court system. Now, my interest in the subfields of psychology lies between forensics and counseling. I am not as knowledgeable

Monday, May 18, 2020

Fracking An Effective Energy Resource - 1144 Words

Introduction Hydraulic fracturing, also known as fracking, is the process of drilling wells thousands of feet below the Earth’s surface to extract natural gas deposits that are trapped in shale layers. Large amounts of a solution containing water, sand, and chemicals are shot down the well to fracture the shale layers, thus releasing the desired product. Natural gas is seen as a potential solution to the energy dilemma that faces the world today. However, the process of fracking and the advantages and disadvantages it poses to the environment are heavily debated. In order to gather a real idea of viability of fracking, all issues must be taken in to account and the subject must be looked at from multiple perspectives. Review Analysis Fracking presents many benefits to the energy industry. The first benefit is that fracking provides an effective energy resource that is accessible today. The use of natural gas from fracking has displaced the use of coal as an energy source. Coal was the source of approximately 50% of the electricity production in the United States in 2008. By 2012, it was down to 37% (Wihbey, 2015). During that time, natural gas production rose, and the amount that came from fracking increased dramatically. In 2000, fracking provided 1% of the nation’s natural gas. By 2012, fracking produced over 30% of the natural gas for the United States, with that number expected to rise to about 50% by 2035 (McGlynn, 2011). With the development of hydraulic fracturingShow MoreRelatedFracking, The Splitting Decision : An Analysis1726 Words   |  7 PagesFracking, The Splitting Decision: An Analysis of the Advantages and Disadvantages of Fracking Abstract Fracking, or hydraulic fracturing, is the process of drilling into the Earth and subsequently directly a high-pressure water, sand, and chemical mixture at shale rock to release the gas inside, out through the head of the well. Fracking allows firms to access previously inaccessible resources of oil and gas buried underneath the earth and hidden in the rocks. In the U.S., fracking has boostedRead MoreFracking And Its Wastewater Disposal1489 Words   |  6 PagesDat Ninh T. Drosselmeyer Engl 1113 – 088 14 November 2016 1393 words Fracking and its wastewater disposal are threatening human’s life In recent years, there has been an increasing concern about whether or not should factories keep using Fracking as their main method to extract oil and gas from the underground. Fracking, or hydraulic fracturing can be defined as the process of drilling down into the Earth and injecting high-pressurized water mixture into the ground, creating cracksRead MoreFracking and the Halliburton Act Essay1132 Words   |  5 Pagescontains to escape and flow out of a well (Energy From Shale).† Fracking has served to extract natural gas and oil where other methods would not be as successful but many environmentalists argue that fracking is affecting the environment and our drinking supply of water. Although fracking is still a controversial topic, it provides Americans jobs, increases the economy of the region, and the natural gas and oil are cleaner and more affordable source of energy. The EPA recognizes that natural gas andRead MoreFracking And The Environment : Fracking983 Words   |   4 PagesTayler Hedgecock Dr. Allen Composition 2 MWF 11 AM Fracking and the Environment Hydraulic fracturing, also known as fracking, is not an environmentally sound method of acquiring cleaner, cheaper energy. Fracking is a practice that is being used in order to collect natural gas from deep within the earth’s layers of shale rock. Fracking is the process in which water, sand, and chemicals are forced with immense pressure, approximately ten to fifteen thousand pounds per square inch, into the shale rockRead MoreFracking for natural gas778 Words   |  3 Pagesout of resources, especially gasoline? The most significant energy we use to take for granted may be in tight supply. It would be a major inconvenience for us. That’s why I am here to discuss about it, that’s why I am here to save the earth, and that’s why I want all of you to join with me today. With fossil fuels nearing extinction, the United States has very limited options for providing the country’s millions of energy consumers with an energy source that is affordable an d cost effective ; thereforeRead MoreFracking : Review And Ethical Considerations898 Words   |  4 PagesFracking: Review and Ethical Considerations By Christopher Jabczynski Conservation of Mass and Energy are the hallmarks of our natural world, and as we progress as a civilization there is an ever increasing need to satisfy our growing demand for energy. This leads to the present need for more innovative solutions that are able to solve the world s energy needs within the confines of the natural laws we live with. The Earth s petrochemical reserves represent a finite amount of available, extractableRead MoreThe Oil And Natural Gas Industries1686 Words   |  7 Pagesto fear the end of a resource that they relied so heavily on. As traditional oil and gas endeavors began depleting their resources the oil and natural gas industries were forced to find a new source of extraction if they were to continue producing fossil fuels at the same rate. This new source of extraction is called Fracking, or Hydraulic Fracturing, defined by Merriam-Webster as â€Å"the injection of fluid into shale beds at high pressure in order to free up petroleum resources (such as oil or naturalRead MoreA Brief Look at Fracking1383 Words   |  6 Pagesof that production increase has come about to the growing need of hydraulic fracturing, also known as â€Å"fracking†, which is a process used to release oil or gas from underground formations that are otherwise too hard to mine with other tools. Over the past few years, advances in fracking technology have made huge reserves of natural gas in America economically recoverable. According to the Energy Information Administration, shale gas plays, or fields, in the United States, most notably the MarcellusRead MoreOil Production Through Horizontal Fracking1030 Words   |  5 Pagesdrought. Water is a scarce resource in New Mexico, and care should be taken to limit excess water use. Oil production through horizontal fracking requires large amounts of purified water. Each well drilled requires between 3 and 7 million gallons of clean water. In 2012 alone, 482 new wells were drilled in New Mexico, producing more than 3 billion gallons of water waste. Under current regulations, wastewater must be cleaned or disposed of and cannot be reused. Fracking water is difficult to cleanRead MoreWhy Fracking Should Be Allowed1481 Words   |  6 PagesOne of the strongest arguments in favour of fracking is the reduction in CO2 that would occur with increased fracking. As of 2013, coal provided approximately 40% of the world’s electricity needs and provides 29% of the total world energy supply with oil being the largest at 31%. Coal-fired power plants are resp onsible for over 83% of the CO2 pollution since 1990, and have the highest ratio of CO2 output per unit of electricity out of all the fossil fuels. These emissions cause effects worldwide;

Wednesday, May 13, 2020

The Powers Of The Mediterranean - 1905 Words

Powers of the Mediterranean In the 3rd century B.C.E. there were two great powers in the area surrounding the Western part of the Mediterranean Sea, The African/Spanish Empire of Carthage and the Italian Empire of Rome. Both empires were rapidly expanding their territory while ultimately avoiding each other. Carthage had conquests in South-West Europe in modern day Spain, while the Romans were working their way East into Macedonia. Rome and Carthage were both major powers controlling what to them was the entire world. These two powers are very similar and very different, but after a conflict between them started only one would make it out alive. Before the wars began, in the 9th century B.C.E. a Phoenician Queen known most commonly by Dido, founded a city in Northern Africa, in modern day Tunisia, Known as Kart-hadasht or translating to â€Å"new city†. The Greeks called this city Karchedon which the Romans adapted to Carthago, or Carthage. (Mark 2011) Before Rome, Carthage the center of trade through-out the Mediterranean. Upon the fall of the Phoenician city of Tyre after the conquests of Alexander the Great, Tyrains fled to the city of Carthage. Most of these refugees were extremely wealthy, and upon their settlement at Carthage, they expanded Carthage’s trade substantially. Carthage was experienced with naval warfare and fought their battles with mercenaries, soldiers paid to fight. (Rodriguez n.d.) Comparing to Carthaginian history, there is a lot more documented historyShow MoreRelatedRome s Transformation Of Power Of The Entire Mediterranean Basin2319 Words   |  10 PagesOf the ancient civilizations, Rome was able to transform from a small town into the center of power of the entire Mediterranean Basin. The history of Rome can be traced through the evolution of the Roman Army and by observing the evolution of the troops and the tactics that have been employed by the Roman military since the foundation of Rome to the end of the end of the republic and the beginning of the Roman Empire. As the territory of Rome expanded, the military structure, as well as the trainingRead MoreInterrupting The Flow Of History Essay1596 Words   |  7 PagesDisruptions Though out the history of the Mediterranean it has been plagued by huge events that have violated the norm and disrupted the society as a whole in tremendous ways. These disruptions have caused major deviations in the course for the Mediterranean everything from creation of nations to horrible bloody wars to the creation of several major religions and many smaller religions. These changes have created both great joyous things for the Mediterranean and created horrible life altering tragediesRead MoreHow Do Allied Forces Control Sea Lines Of The Gulf Oil?1408 Words   |  6 Pagesforces control sea lines of communications and Land lines of communication in Mediterranean and North Africa for continued access to Persian Gulf oil? Current State: Political – The Vichy French government went into collaboration with the Nazis therefore preventing German forces from having to occupy the French Northwest Africa and securing the Axis flank/rear. Military – All of North Africa and Southern Mediterranean minus Egypt were under Axis control either directly by German/Italian forcesRead MoreWhy Did The Muslim World?1162 Words   |  5 PagesBeginning in the 15th Century, nations such as Spain, Portugal, Germany, Britain, and the Netherlands started exploring for new lands and colonizing them. Driven for power, trade, or expansion, many European powers colonized the New World. Yet when looking at the Muslim contemporaries, the Ottoman, Persian and Mughal Empires did not set sail for new land like their Western counterparts. Why did the Muslim world not partake in exploration and colonization of the New World, despite having equivalentRead MoreHow Rome Became an Empire649 Words   |  3 Pagessatisfied wi th conquering the neighboring land around them. This desire to conquer more land was fueled by the Romans victory over Carthage that made them to become the most powerful state in the Mediterranean region. Through this victory, the Romans had all the opportunity they required to extend their powers across the region. As a result, the Romans became more wealthy and powerful as they were able to expand their empire further (The Roman Empire par, 3). Their pursuit to conquer more land andRead MoreAllied Powers During World War II1513 Words   |  7 PagesDid Allied efforts in the Mediterranean justify a two year delay of the cross channel invasion? If so, why? If not, why? The Allied Powers, during World War II, recognized the only way to achieve a decisive victory was to work in conjunction, and utilize one another’s strengths and assets. However, Great Britain and the United States had differing views on the proper strategy. The United States believed concentrating its power at the earliest possible moment to attack an enemy’s critical centerRead MoreTaking a Look at Hagia Sophia672 Words   |  3 Pagesused to help them develop their civilization was the Mediterranean Sea. This sea has been vital to multiple empires in history, giving them power in trade networks and in their military. Emperor Justinian who reigned from 527 - 565 looked to expand the empire at all times (Brooks). He was a wise ruler because he knew by controlling the Mediterranean it would give him easy access in trading with different civilizations and would give him power by transporting his military throughout his massive empireRead MoreEssay On Isis931 Words   |  4 PagesFigure 1 represents global cost and figure 2 is a table taken from Pakistan. Figure 1. Figure 2. Military Strength In the height of the Soviet Union Times their military power was on par with the United States. When the USSR fell it lost waterways, coastlines, and ports which severely crippled its naval power. Other than its waterways being loss they also lost massive chucks of land. This included military bases and resources. Some of the bases lost were in Ukraine and Georgia that RussiaRead MoreA Short Note On Greek And Roman Civilization882 Words   |  4 PagesCarthage became almost the equal of Rome. Be sure to show the strength of both and how this conflict led to Rome becoming a naval power. Introduction The history of the Ancient empires, there were various wars and rivalries that existed between Carthage and Rome (Morey, 1901). These two nations were well-known for war, power and strength situated at the western Mediterranean and Italian Peninsula. The former is led by Carthage while the other is the great force of Rome. In this write-up, there will beRead MoreThe Differences Between Greeks And Romans1225 Words   |  5 PagesRoman was overall an influence to the Mediterranean world, and became the reason of why things had began to change. As mentioned previously, Rome had become the dominant state in the Mediterranean world. Roman expansion had occurred in three main stages; the uniting of the Italian peninula, which gave Rome the manpower that transformed it from a city-state into a great power; the collision with Carthage, from which Rome emerged as ruler of the western Mediterranean; and the subjugation of the Hellenistic

Wednesday, May 6, 2020

Analysis Of The Movie Pleasantville - 1325 Words

Jeneen Salti Sociology 19 September 2016 Prof. patelly I can tell you that anyone who has patience in today’s world is not such what we call this place friendly. Pleasantville maybe pleasant, but not at all, it’s just the name â€Å"Pleasantville† is just a simple twist that’s all. David Wagner is a simple, nerdy kid with the fifties addiction in the movie. He s obsessed with the fifty show â€Å"Pleasantville† that plays reruns. This is set in a simple place where everyone is everyone is a perfect character and perky, hostile is dirty word and life is pleasingly pleasant. David addicted to this perfect ideal world, David deepens himself in Pleasantville as an innocent escape from the tough world in his era, that he must share with pretty, popular twin sister, Jennifer. In the movie, one evening, life just his them. This is where it takes an unexpected twist when an unexpected repairman gives them a unique remote control, which takes David and his sister straight into Pleasantville. They become Bud and Mary Sue Parker, the children of Betty and George Parker, the family in the television show. The film also proves that there is no perfect way of life. This is shown when Bud and Mary Sue’s perfect family life falls apart, when their mother, Betty leaves them and their father to do things for themselves that she usually did. The father is confused and very upset about this because he is use to the way that things were. Obviously the mother was not happy with the way that thingsShow MoreRelatedPleasantville1586 Words   |  7 PagesNovember 15th, 2010 Utopia/Dystopia Dr. Viau Pleasantville Pleasantville is a great movie with many hidden messages. The not so obvious but informative messages are one of best aspects of this nineties flick. The special effects are impressive considering this movie is indeed from the nineties. Pleasantville touches base on many actual conflicts in America and throughout history in the most subtle but blunt way. My favorite thing about this movie is how it takes this blind community and showsRead MoreColor Change In Pleasantville889 Words   |  4 PagesPleasantville Analysis Essay In Pleasantville, Gary Ross uses â€Å"Across the Universe† In order to highlight the characters acceptance of their new world of change. The lyrics â€Å"Nothings gonna change my world† defines the thought process of the characters from Pleasantville. The instrument used in these defining words is the idea that, as much as the world around a person changes, the person will picture the happy days that they have experienced. The expression on the casts faces is the brief look

A balance scorecard analysis of compaq computer corparation Free Essays

Compaq which comes from two words COMPatibility And Quality was founded in 1982 by Rod Canion, Jim Harris and Bill Murto with each of them investing $ 1,000 as starting capital for the organization. They tapped two key marketing executive from IBM company (Jim D’Arezzo and Sparky Sparks) in the early eighties who really helped in the positioning of Compaq as a household brand name in its early years with the assistance of other executives such as Ross A. Cooley, Michael Swavely, Mr. We will write a custom essay sample on A balance scorecard analysis of compaq computer corparation or any similar topic only for you Order Now Colley. Â  Over the years, it grew to become one of the most successful PC manufactures company with a commanding market share and knocking out some of its competitors along the way. However it later merged with its biggest competitor in 2001. GROWTH OF COMPAQ Having being founded in 1982, Compaq announced its first product (Compaq Portable) in November 1982 which was released to the market in 1983. this was a start with a success being able to sell out 53,000 units in its first year at a price of $2995. This was the start of the rolling of f of a number of its product which included the Compaq Deskpro in 1984, the Compaq Deskpro386 in 1986 and the Systempro (a server) in 1989. Compaq Deskpro 386 was an even bigger success and a mile stone as Compaq was able to set itself as a supplier of choice making IBM lose its image of technical leadership. The early 90s was Compaq dominating the market for servers driving off quite a number of competitors off the market in a price war. The late 90s was Compaq buying other technology companies becoming the second largest computer maker in the world. Things changed in 2001 as Compaq went into a merger with Hewlett-Packard changing their symbols from CPQ and HWP respectively to HPQ. Just like every other corporate merger, the merger between Compaq and Hewlett-Packard was faced with difficulties but this was worse as the two were global giants in the technical industry with the biggest challenge being bringing them together ‘without sacrificing the customer-centric approach that divided them’. BALANCE SCORECARD ‘A balance scorecard is a strategic planning and management system that is used extensively in business industry, government and non profit organizations worldwide to align business activities to the vision and strategy of the organization, improving internal and external communication and monitor organization. This tends to transform the organization strategic plan from an attractive but passive document into one that the organization uses on a day basis in its decision making’. (Balance Scorecard Institute 2008) Kaplan and Norton developed and linked it to firms’ strategic objectives to performance measurement. They also recommended broadening the scope of the measures to include How to cite A balance scorecard analysis of compaq computer corparation, Papers

Cervical Spine and Soft Tissue Underlying Injury

Question: Discuss about the Cervical Spine and Soft Tissue Underlying Injury. Answer: Further, in emergency care department misalignment is identifies and taken care off followed by consultation management. The radiographic surveillance is followed by surgery and medication as per requirements of injury. The most basic forms of medications are muscle relaxants and Non-steroidal anti-inflammatory drugs (NSAIDs) that control inflammatory response and pain of injury. The consultation process includes consultation from surgeon and neurosurgeon about post-treatment management processes as per injury (3,6). Condition/Pathological process/Medical Significance The Disruption to the lines of alignment of the cervical spine and soft tissue underlying injury is the clinical conditions that generally arise due to fractures (C5/C6), flexion injuries (hyperflexion), extension injuries, axial compression injuries and unstable fractures in the cervical region. There are four major regions anterior vertebral line, posterior vertebral line, spino-laminar line and posterior spinous line covered by smooth tissues that provide support to the overall structure of the cervical region. Any kind of disruption due to fracture, injury that leads to a major dislocation on the cervical spine region produces these conditions. Some of the most common injuries are (anterior subluxation) where rupturing of posterior ligament occurs, (simple wedge fracture) here the anterior ligament fractures, (wedge fracture) damage to both anterior and posterior ligaments, (flexion teadrop fracture) leads to axial loading cord damage. Further, the extension injuries lead to breakage in ligaments, and axial compression injuries like Jefferson fracture leads to rupturing of C1 ring (1,2) Pathological Process and Medical Significance The alignment of cervical spine damages leads to neurological damages in more than 40% cases. Further, this condition leads to nerve root dysfunction, the upper region cervical spine subluxation complexes leads to complicated neurovascular situations. Further, these disruptions also hinder the functionality of vertebral veins, cerebrospinal circulation, cervical veins, vagus nerve, and medulla oblongata. Any kind of depression or derived mobility of any one cervical spine segment leads to disturbance in spinal nerve area circulation because artery and vein supplying spinal nerve pass through this region (2). Further, (3) studied that any kind of cervical injury leading to muscle spasm result in circulatory impairment where different kinds of cardiac, cranial nerve, vagal, extrapyramidal and auditory symptoms appear as secondary symptoms. There are irritation in vertebral arteries producing vasomotor nature like facial pain, headache, facial flushing, nasal disturbance etc. There are chances of venous drainage resulting in passive congestion and pressure on sensory nerves. Further, there are disturbances in the medulla oblongata region also due to cervical injuries. Imaging Procedures Employed to Evaluate the Pathology The plain films or X-ray is the easiest employed process of pathology identification in 80% cases of cervical spine injuries. The mostly performed X-ray includes lateral view, AP view and odontoid view (open-mouth). The lateral radiograph is the first and foremost detection process of cervical spine injuries. However, the AP view and odontoid view are performed in the case of no obvious fractures observed in lateral view. In this radiograph, patient needs to maintain the cervical immobilisation until the repeated radiographs are obtained and viewable. Lastly, in the case of no fracture or injury identified by above three plain radiographs then flexion and extension radiographs are employed to detect possible injury (4,5). (4) indicated that CT scan is generally employed for cervical injuries detection when plain radiography fails to detect the injuries and clinical symptoms still exist. The CT scan are specifically useful for detection of neurologic defects, cervical canal fractures etc. further, MRI procedures are followed in case of soft tissues, intervertebral disks, ligaments, spinal cord and epidural injuries. Radiologic Features The radiographic features of disruption to the lines of alignment of the cervical spine and soft tissue underlying injury get generally visualised in the lateral radiograph. The occurrence of any disruption will lead to defects in anterior vertebral, posterior vertebral and spinolaminar region. The increase in soft tissue retropharyngeal region is observed as the outcome of haemorrhage or oedema occurring due to fractures or dislocation. In the case of wedge-compression fractures, there is a difference in anterior and posterior height (increase or decrease) of vertebral body observed as the radiographic feature. In children pseudodosubluxation at C2/C3 region leads to the posterior step of more than 2mm occurring because of ligaments laxity. Further, the radiologic features of the condition in AP radiograph involve unilateral facet joint dislocation in case of bifid in spinous processes. Further, in the case of anterior cervical dislocation there is a wider distance between spinous processes. Lastly, in open mouth radiograph, there are damages in C1 and C2 region due to fractures where the lateral masses of C1 overhang C2 indicating burst fracture. Further, there is Mach effect observed due to mimicking of fractures in case of artefacts (4,5). Treatment Options The Disruption to the lines of alignment of the cervical spine and soft tissue underlying injury require prehospital, emergency department and consultation treatments as well as management. As prehospital care in case of suspected injury neck movements support facility. Stabilise the patient with backboard semirigid collar where the neck is stabilised with foam blocks or sand bags taped side to side of the backboard across the forehead. References Caron T, Bransford R, Nguyen Q, Agel J, Chapman J, Bellabarba C. Spine fractures in patients with ankylosing spinal disorders. Spine. 2010 May 15;35(11):E458-64. https://www.firstlightwebdesign.com/ H. The Cervical Spine. Imageinterpretation.co.uk. 2016 [cited 26 August 2016]. Available from: https://www.imageinterpretation.co.uk/cervical.php Imaging of the Cervical Spine. Med-ed.virginia.edu. 2016 [cited 26 August 2016]. Available from: https://www.med-ed.virginia.edu/courses/rad/cspine/technique7.html The Radiology Assistant : Spine - Cervical injury. Radiologyassistant.nl. 2016 [cited 26 August 2016]. Available from: https://www.radiologyassistant.nl/en/p49021535146c5/spine-cervical-injury.html X-ray Skills 2: Cervical Spine X-ray Interpretation. Calsprogram.org. 2016 [cited 26 August 2016]. Available from: https://calsprogram.org/manual/volume2/Section10_XraySkills/03-XraySk2CerSpineXrayInterp13.html Schroeder GD, Kwon BK, Eck JC, Savage JW, Hsu WK, Patel AA. Survey of cervical spine research society members on the use of high-dose steroids for acute spinal cord injuries. Spine. 2014 May 20;39(12):971-7.

Monday, May 4, 2020

Sample on Occupiers Liability As Illustrated In Baker V Gilbert

Question: Discuss about theOccupiers Liability as Illustrated in Baker v Gilbert. Answer: Introduction: Occupiers Liability as Illustrated in Baker v Gilbert [2003] NSWCA 113 In Baker v Gilbert 2 Ors NSWCA [2003], Ms Gilbert, the first respondent, was greatly hurt after jumping and falling awkwardly off a plastic ladder at the appellants premises. She had jumped to avoid falling off as one of the footplates was unstable. She then sued the appellant for damages citing that the appellants failure to inspect and maintain the ladder had caused her injury. The court of first instance found the appellant negligent and awarded damages accordingly. Mr Baker, the defendant in the original case, appealed against this finding. The issues arising from the case that will be discussed in this paper are whether the footplate was significantly unstable and that such instability was as a result of loose bolts and whether the appellant failed to discharge his duty of care in maintaining the ladder. The legal issues arising from these grounds are based on the law of negligence with specific reference to occupiers liability and the duty of care of an occupier to visitors on his land. These issues will be discussed in favour of the plaintiff/respondent in this case. History The underlying principle of The Law of Negligence over the past century has been indemnifying those who are harmed from the fault of another (Bugg 2006). The prevailing concept of Tort Law, with respect to negligence, was birthed from the benchmark House of Lords decision in Donoghue v Stevenson [1932] UKHL 100. Lord Atkin, in this case, stated that it was necessary to uphold reasonable care to refrain from acting or failing to act in a way foreseeable to cause harm to a neighbour. A neighbour was defined as one closely or directly affected by the act or omission (Bermingham 2011). According to McMahon William (2000), the law with regard to occupiers liability in Australia had not been tainted by the modern concept embodied by Lord Atkin in the Stevenson case up until the 1980s. Australia had previously applied the orthodox common law standing where an occupier owed different standards of care to different categories of persons on his premises (Handford McGivern 2015). All this changed in Australian Safeway Stores Pty Ltd v Zaluna [1987] 162 CLR 479 where the court did away with the classification of injured persons as either licensees or invitees. Since then it is the common law of negligence that has influenced the determination of issues of occupiers liability (Handford McGivern 2015). However, over the years Australian parliaments have developed various pieces of legislation that have affected the application of the law of negligence, and more specifically occupiers liability (Law Reform Commission 1988).In jurisdictions without occupiers liability legis lation, the High Court has maintained the common law approach in developing jurisprudence (Handford McGivern 2015). The Law of Negligence The tort of negligence is characterised by the conduct of the defendant in a given situation (Steele 2014). Alderson B classically defined negligence as the act or omission of that which a reasonable man, under normal circumstances, would do or not do (Blyth v Birmingham Waterworks Co [1856] 11 Ex 181 at 784). As a tort, negligence is characterised by the elements of; a legal duty of care, breach of said duty, and damage suffered as a consequence of the breach (Bermingham 2011). The distinguishing test for negligence is the standard set by a reasonable man when placed in the same circumstances as the defendant in question (Steele 2014). In Nettleship v Weston [1971] 2 QB 691, it was established that this test was an objective one that could not be tweaked to accommodate certain qualities of a particular defendant. In the Baker v Gilbert case, Ms Gilbert claimed that the appellant was negligent in his failure to inspect and maintain the ladder adequately. The issue in question was an omission to act in a reasonable manner which consequently led to the harm of another. The issue of negligence arises from the instability of the footplate which was caused by loose bolts. The respondent and her solicitor provided photographic evidence which showed a gap between the footplate and the coaming. They further sort the evidence of an expert who told the court that the gap as seen was likely to cause a worrying degree of instability and fear to anyone who attempted to stand on the footplate. This evidence goes to show that in the eyes of a reasonable man, the gap was quite noticeable and this should have elicited action from the appellant to tighten the bolts so as to close the gap. The appellate court upheld the District Courts decision that there was a grave degree instability caused by loose bolts. A duty of care is an imperative condition to establish liability for negligence in any given case (Bermingham 2011). The claimant must prove that a duty of care was owed to them by the defendant so that the breach of the duty can amount to liability on the dependants part (Steele 2014). This proof of duty is established under the but-for test which was well elucidated in Barnett v Chelsea and Kensington Hospital Management Committee [1969] 1 QB 428. If the injury to the claimant would not have happened but-for the defendants breach of duty then the defendants negligence caused the harm. The Common Duty of Care Bullers Nisi Prius (1768) is credited for being the first to unify the concept of duty as the mandate of every person to ensure they pursue reasonable care so as not to cause harm to their neighbour (Lunney Oliphant 2013). In an event that injury is sustained, however, it is expected that the injured prove that the harm was as a result of the act done (Buller 1768). To ascertain breach, it is important to consider the predictability of the risk as well as the rationality of the defendants actions (Law Vision Pty Ltd 2008). The ingredients for a duty of care were established in Caparo v Dickman [1990] 2 AC 605 as requiring that; the injury caused was foreseeable, the relationship between parties was one of proximity or neighbourhood and the situation called for the imposition of a duty of care. The Australian High Court has, however, since Sullivan v Moody (2001) 75 JLR 1570, abandoned proximity and adopted a multi-factoral test to establish duty (Steele 2014). In Baxter v Steele, the facts show that Ms Gilbert at the time of the injury had been using Mr Baxters pool with his permission. It is therefore expected that knowing the claimant would be within the premises, the defendant had a duty to ensure it was safe for her use. The court, in this case, applied the conditions outlined in Hackshaw v Shaw (1984) 155 CLR 614 and later upheld in Australian Safeway Stores v Zaluna where the ordinary principles of negligence with regard to proximity, foreseeability and reasonableness were applied to determine the existence of duty and breach of said duty. The court held that the claimant was indeed owed a duty of care. The Concept of Occupiers Liability The definition of an occupier is deduced from case law as one who has effective control of the premises, and not necessarily one who has ownership (Steele 2014). The occupier title is also not restricted to one person as various people may have the power to exercise control over a piece of property at a time as illustrated in Wheat v Lacon [1966] AC 552 (Steele 2014). Occupiers liability, on the other hand, deals with the duty of care an occupier owes visitors, whether lawful or otherwise, in his premises (Law Reform Commission 1988). Lawful visitors are those who enter the premises on the express or implied permission of the occupier (Harlow 2005). The issue to consider under occupiers liability is what reasonable measures is an occupier expected to take to ensure the safety of all who venture into his premises (Law Reform Commission 1988). Historically, the question of occupiers liability had been answered by subjecting different categories of entrants to land to different standards of care (Simpsons 2000). Dixon J, in Lipman v Clendinnen [1932] 46 CLR 550, found this test to be complicated and wanting. In Australian Safeway Stores, however, the classification of claimants was halted and instead the common law rules of negligence with regard to foreseeability, proximity and reasonableness were adopted. The Council of the Shire of Wyong v Shirt [1979] 146 CLR 40 established that reasonableness depended on the particulars of the case which were tested against a variety of factors (QORF 2002). This is the multi-factor approach applied by the High Court of Australia in Sullivan v Moody and other cases to date. In various Australian jurisdictions, parliaments have implemented legislature that contributes to the determination of an occupiers liability to his visitors (Handford McGivern 2015). Section 2 of the Occupiers Liability Act 1957 bestows the common duty of care on an occupier to all visitors in his premises. It is expected that the occupier will take measures to ensure that every visitor is safe while using the premises for what he was invited or allowed to do (OLA 1957, s2 (2)). This common duty of care expressed in statute is similar to that expected under the ordinary rules of negligence as illustrated by Lord Denning in Wheat v Lacon (Bermingham 2011). The Civil Liability Act 2002 also outlines various factors to consider with regard to the liability of an occupier (Slabacu 2012). However, the debate, legislations and jurisprudence over the years have gone to show that where it can be proved that the defendant owed a duty, and the duty was breached by the defendants act or omiss ion, and this breach led to an injury on the claimant then the claimant is entitled to damage (Bugg 2006). In the case study provided, the invitation and subsequent permission to use Mr Bakers premises and swimming pull made Ms Gilbert a lawful visitor upon the land. As a lawful visitor, she was entitled owed a duty of care which under previous common law notions would have been of the highest standard. However, guided by the principles in Hackshaw v Shaw, as applied by the District Court, provided a test of predictability, proximity and reasonableness with regard to the occupiers duty towards Ms Gilbert. On the principle of predictability, the Ms Gilbert and her solicitor provided evidence that proved that the bolts were loose. This was evident by the size of the gap visible between the coaming and the footplate. As the expert explained, it was clear that anyone could see that such a gap was likely to cause great instability. On the principle of proximity, as the claimant was an invited and expected guest to the premises, the appellant was tasked to ensure her safety as she used the prem ises on the terms agreed. Thirdly reasonableness is the crowning factor in determining liability and in this case, the claimants evidence made it clear that any reasonable person could see that the ladder was likely to be unstable. Conclusion In conclusion, where a person suffers harm on private land, the occupier, that is the one with effective control, is usually held responsible (Legal Services Commission 2016). However, the responsibility is only upheld where the injured party can prove that the damage suffered was as a result of the occupiers action or inaction and that a duty of care was owed to them (Steele 2014). The common law test for the existence of a duty and its subsequent breach is one of reasonableness, foreseeability and proximity outlined in Caparo v Dickman. However, various legislation such as the Civil Liability Act have created factors to show that this test is only one of the conditions to be satisfied in determining liability (Slabacu 2012). In areas without legislation, however, the High Court has continued to apply the basic principles outlined in common law as illustrated in Hackshaw v Shaw. In the case study provided it is evident that the Ms Gilbert had proven all the qualities required to sho w that the appellant had failed to discharge his duty of care. References Bermingham, V 2011, Nutcases: Tort, 6th edn, Sweet Maxwell, London. Bueller, F 2010, An institute of the law relative to trials at Nisi Prius, Originally Published in 1760, Gale ECCO. Bugg, T 2006, Negligence and Damages: Personal Injury, Property Damage and Pure Economic Loss, speech, Law Council of Australia, 26 May, viewed 12 September 2016, from https://www.lawcouncil.asn.au/lawcouncil/images/LCA-PDF/speeches/20060526Negligenceanddamages.pdf. Handford, P McGivern, B 2015, Two problems of occupiers liability Part one, Melbourne University Law Review, vol. 39, pp 128-174, viewed 12 September 2016, from https://law.unimelb.edu.au/__data/assets/pdf_file/0004/1774552/04-McGivern-and-Handford.pdf. Harlow, C 2005, Understanding tort law, Sweet Maxwell Law Vision Pty Ltd 2008, Tort Law, viewed 12 September 2016, from https://www.lawvision.com.au/uploads/PDFs/Tort%20Law%20.pdf Legal Services Commission 2016, Accidents on Private and Public Property, viewed 12 September 2016, from https://www.lawhandbook.sa.gov.au/ch01s01.php. Lunney, M Oliphant K 2013, Tort law: test and materials, OUP, Oxford. McMahon, MEB Binchy, W 2000, Law of Torts, 3rd edn, Butterworths. Simpsons Simpsons 2000, The Duty of Care, Sydney, viewed 12 September 2016, from https://www.simpsons.com.au/documents/visarts/visarts89/18Dutyof.pdf. Slabacu, B 2012, Occupiers Liability and Foreseeable Risk of Harm, in Modaq, viewed 12 September 2016, from https://www.mondaq.com/australia/x/179504/Personal+Injury/Occupiers+liability+and+foreseeable+risk+of+harm. Steele, J 2014, Tort law: text, cases and materials, OUP, Oxford. The Law Reform Commission 1988, Occupiers Liability, Report No 42, Australian Government. Queensland Outdoor Recreation Federation (QORF) 2002, Occupiers liability to recreational users, Queensland Government.